Thursday, May 24, 2012

Integrated Cross-border Law Enforcement Operations Act

We shall be Canadians first, foremost, and always, and our policies will be decided in Canada and not dictated by any other country.

John G. Diefenbaker

It is sensible to have cooperation for border security issues with our major trading partner and ally, the United States. Making such cooperation as seamless as possible is a good idea, especially as borders generally are ignored by criminals.

What's more, I respect the US Coast Guard and the FBI -- they are both highly trained and professional organizations. They operate to US Constitutional standards which, in some ways (at least inside the United States) are more protective of rights than Canadian standards (for example the American confession rule is much stricter than ours). Indeed, I would see no issue with Canada jointly appointing specific American police as adjunct RCMP officers.

But but but, the Integrated Cross-border Law Enforcement Operations Act does not do that. Rather the Americans appoint someone who then "has the same power to enforce an Act of Parliament as a member of the Royal Canadian Mounted Police when

(a) participating in an integrated cross-border operation; or

(b) engaging in an activity incidental to such an operation, including travel for the purpose of participating in the operation and appearances in court arising from the operation." (Section 12). So American police, say going to Court in Vancouver, have arrest powers in Canada and those powers, albeit it approved by Canadian statute, come from their American appointment.

A basic principle of sovereignty is that the State has a monopoly on the use of force. Giving up that monopoly means giving up sovereignty. Sovereignty lost is hard to regain; more, a state with limited sovereignty is at best a vassal.

Now I agree, this is a small step but it is a dangerous one.

Even the RCMP, which backs the legislation, recognizes it raises significant concerns. "We recognized early that this approach would raise concerns about sovereignty, of privacy, and civil liberties of Canadians," RCMP Chief Superintendent Joe Oliver told the Senate Committee on National Security and Defence on May 14, 2012.

He continued, "we said 'Let's take baby steps, let's start with two agencies to test the concept, let's demonstrate to Canadians and Americans that such an approach might work."

Where does this go? I am concerned we may eventually see FBI and DEA agents having the ability to pursue suspects across the land border and into Canada. And then American policies are imposed in Canada.

Remember the camel's nose:

'It is the humble petition of the camel, who only asks that he may put his nose into the traveler's tent. It is so pitiful, so modest, that we must needs relent and grant it.'

The moral of the fable?

'It is a wise rule to resist the beginnings of evil.'

Part of the statute (which is buried in the budget bill) is set out below:

"Agreement" means the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America signed on May 26, 2009."designated officer"« agent désigné »

"designated officer" means an individual appointed as a cross-border maritime law enforcement officer by

(a) the Central Authority for Canada under subsection 7(1) or 8(1); and

(b) the person designated as the Central Authority for the United States for the application of the Agreement."integrated cross-border operation"« opération transfrontalière intégrée »

"integrated cross-border operation" means the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States.2. Les définitions qui suivent s'appliquent à la présente loi.Définitions

3. The purpose of this Act is to implement the Agreement, the objectives of which are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the international boundary between Canada and the United States and to facilitate the investigation and prosecution of such offences and violations.3. La présente loi a pour objet la mise en oeuvre de l'accord, dont les objectifs consistent à mettre en place des moyens supplémentaires de prévenir, de détecter et de réprimer les infractions criminelles et autres violations de la loi dans les zones non contestées de la mer ou des eaux internes longeant la frontière internationale entre le Canada et les États-Unis, et à faciliter les enquêtes et les poursuites judiciaires à l'égard de ces infractions et violations.Objet

PRINCIPLESPRINCIPESStatement

4. It is recognized and declared that

(a) Canada and the United States have a common interest in the security of the undisputed areas of the sea or internal waters along the international boundary between Canada and the United States;

(b) integrated cross-border operations must

(i) respect the sovereignty of Canada and the United States,

(ii) be conducted in accordance with the rule of law, and

(iii) be conducted as directed by a designated officer from the host country; and

(c) in Canada, integrated cross-border operations must be conducted in a manner respecting the rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms.4. Les principes ci-après sont reconnus et proclamés :Énoncé

5. For the purposes of implementing the Agreement, the Central Authority for Canada is the Commissioner of the Royal Canadian Mounted Police or his or her delegate.5. Pour la mise en oeuvre de l'accord, l'autorité centrale du Canada est le commissaire de la Gendarmerie royale du Canada ou son délégué.Désignation

7. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

(a) a member of the Royal Canadian Mounted Police;

(b) a police officer appointed or employed under the law of a province; or

(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the Royal Canadian Mounted Police or a police service established under the law of a province and that is used to provide aerial support in an integrated cross-border operation.7. (1) L'autorité centrale du Canada peut nommer, à titre d'agent chargé du contrôle transfrontalier maritime de l'application de la loi, la personne physique qui remplit l'une ou l'autre des conditions suivantes :Nomination des agents du Canada

8. (1) The Central Authority for Canada may appoint as a cross-border maritime law enforcement officer an individual who is

(a) a commissioned, warrant or petty officer of the United States Coast Guard;

(b) a police officer or other law enforcement officer appointed or employed under the law of the United States or of a state of the United States; or

(c) a pilot, co-pilot, observer or other member of the crew of an aircraft that is operated by the United States Coast Guard or a police service, or other law enforcement agency of the United States or of a state of the United States, and that is used to provide aerial support in an integrated cross-border operation.8. (1) L'autorité centrale du Canada peut nommer, à titre d'agent chargé du contrôle transfrontalier maritime de l'application de la loi, la personne physique qui remplit l'une ou l'autre des conditions suivantes :Nomination des agents des États-Unis

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